Mississippi Complaint to Modify Child Custody, Child Support, Alimony and Related Relief
Understanding this form
The Complaint to Modify Child Custody, Child Support, Alimony and Related Relief is a legal document used by parents seeking to make changes to existing arrangements regarding child custody and support after a divorce. This form is specifically designed for situations where a material change in circumstances has occurred, such as a minor child now living with one parent by mutual consent. Unlike a default complaint, this form allows the original custody and support agreements to be modified legally in court to reflect current living arrangements and financial responsibilities.
Main sections of this form
- Identification of the parties involved, including plaintiff and defendant.
- Reference to the original divorce judgment, including the court and case details.
- Statement outlining the material changes in circumstances affecting child custody and support.
- Requests for specific relief, including changes to custody, support amounts, and alimony modifications.
- Notarization section for verification of the affidavit regarding the complaint.
- Notice of hearing date for the court proceedings related to the complaint.
When to use this document
This form should be used when there have been significant changes in circumstances after a divorce that impact child custody, child support, or alimony. Scenarios may include instances where the minor child primarily resides with the father by mutual agreement or where the financial circumstances affecting either parent have substantially changed. Using this form ensures that the new conditions are recognized and enforced legally in court.
Who this form is for
- Parents who have been divorced and need to modify existing custody or child support agreements.
- Individuals seeking to change alimony obligations due to new financial circumstances.
- Legal representatives working on behalf of parents in custody and support modification cases.
Completing this form step by step
- Identify the plaintiff and defendant by entering their names and roles.
- Provide details of the original divorce judgment, including the court name and case number.
- Clearly state the reasons for the modification, including specific changes in living arrangements and financial situations.
- List the relief sought, such as changes to custody, support amounts, and alimony terms.
- Sign the form in front of a notary public, if required, to validate your statements.
- File the completed form with the appropriate court and schedule a hearing date as needed.
Notarization guidance
This form must be notarized to be legally valid. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call.
Typical mistakes to avoid
- Failing to include complete information about the original divorce judgment.
- Not providing sufficient evidence of material changes in circumstances.
- Forgetting to sign the form in the presence of a notary, if required.
- Missing the court filing deadline or not properly serving the notice to the other party.
Benefits of completing this form online
- Convenient access to legal documents from anywhere at any time.
- Editability allows users to personalize the form easily.
- Reliability of forms drafted by licensed attorneys, reducing the risk of errors.
Form popularity
FAQ
Child support responsibilities usually end when the child turns 21 years of age, enters the military, gets married, becomes self-supporting or is adopted by a third party. A parent can seek a reduction in his/her child support payments if his/her salary decreases.
The statute of limitations for child support arrears in Mississippi is 7 years past age of majority.
One of the most misunderstood obligations in Mississippi is the obligation to pay support for children until the age of 21 or until they become emancipated and self-supporting. Many states only require support until 18.
In Mississippi for one child the non-custodial parent pays 14% of their adjusted gross income. For two children the non-custodial parent pays 20% of their adjusted gross income. For three children the non-custodial parent pays 22% of their adjusted gross income.
Modifying Child Support Without Going to Court It is possible to have your child support order modified without having to go to court--but only in very limited circumstances. Some judges include a Cost of Living Adjustment (COLA) clause in all of the child support orders they issue.
Child support responsibilities usually end when the child turns 21 years of age, enters the military, gets married, becomes self-supporting or is adopted by a third party. A parent can seek a reduction in his/her child support payments if his/her salary decreases.
Child Support Modifications Aren't (Usually) Retroactive For the most part, modifications made to child support orders only go back to the date the request for the change was filed.In most cases, the court will only consider changing the child support order back to the date you filed the motion to modify.
A child support assessment can be changed retrospectively to increase the amount of child support payable during past periods. This can occur as a result of late lodgement of tax returns which result in a higher rate of child support, or where an Estimate of Income is reconciled and replaced with a higher income.
